Comments on: Ashley Alexandra Dupré sues “Girls Gone Wild” http://overlawyered.com/2008/04/ashley-alexandra-dupre-sues-girls-gone-wild/ Chronicling the high cost of our legal system Tue, 14 Feb 2012 16:26:11 -0500 http://wordpress.org/?v=2.8.4 hourly 1 By: KC http://overlawyered.com/2008/04/ashley-alexandra-dupre-sues-girls-gone-wild/comment-page-1/#comment-11753 KC Wed, 30 Apr 2008 18:01:12 +0000 http://overlawyered.com/wpblog/?p=6163#comment-11753 What's a girl to do when her 15 minutes of fame are up? C'mon, folks, this is America -- sue, sue, sue!!!!! What’s a girl to do when her 15 minutes of fame are up? C’mon, folks, this is America — sue, sue, sue!!!!!

]]> By: Benjamin Cooper http://overlawyered.com/2008/04/ashley-alexandra-dupre-sues-girls-gone-wild/comment-page-1/#comment-11752 Benjamin Cooper Wed, 30 Apr 2008 12:41:15 +0000 http://overlawyered.com/wpblog/?p=6163#comment-11752 Last time I looked into this (for law school, see Benjamin J. Cooper, Naked Before the Law: Reality Porn and the Capacity to Contract, 11 Cardozo Women's L.J. 353 (2005)), Ms. Dupre has a 50/50 chance to prevail in Florida's federal courts. The closest analagous case is an N.D. Fla. Girls Gone Wild case involving a 23-year-old cheerleader and calendar model; she managed to recover from Joe Francis. I haven't looked into Florida law recently, but I think only New Jersey (and maybe New Hampshire) allow the affirmative defense of deception when young people lie about their age to obtain contracts. So that angle really doesn't fit into it. A better defense is that Ms. Dupre failed to repudiate the contract in a reasonable amount of time after she reached majority; I believe Florida contracts with minors are merely voidable, not void. Last time I looked into this (for law school, see Benjamin J. Cooper, Naked Before the Law: Reality Porn and the Capacity to Contract, 11 Cardozo Women’s L.J. 353 (2005)), Ms. Dupre has a 50/50 chance to prevail in Florida’s federal courts.

The closest analagous case is an N.D. Fla. Girls Gone Wild case involving a 23-year-old cheerleader and calendar model; she managed to recover from Joe Francis.

I haven’t looked into Florida law recently, but I think only New Jersey (and maybe New Hampshire) allow the affirmative defense of deception when young people lie about their age to obtain contracts. So that angle really doesn’t fit into it. A better defense is that Ms. Dupre failed to repudiate the contract in a reasonable amount of time after she reached majority; I believe Florida contracts with minors are merely voidable, not void.

]]> By: Joe Bingham http://overlawyered.com/2008/04/ashley-alexandra-dupre-sues-girls-gone-wild/comment-page-1/#comment-11751 Joe Bingham Wed, 30 Apr 2008 09:29:12 +0000 http://overlawyered.com/wpblog/?p=6163#comment-11751 With all due respect to hookers, for whom I hold a great affection, how do your hurt a prostitute's reputation other than saying she's not good at what she does? I haven't seen the videos in question, but do they imply that she's a bad lay? With all due respect to hookers, for whom I hold a great affection, how do your hurt a prostitute’s reputation other than saying she’s not good at what she does? I haven’t seen the videos in question, but do they imply that she’s a bad lay?

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